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BOSTON EDISON COMPANY v. TOWN OF BEDFORD.

444 Mass. 775 (2005)

BOSTON EDISON COMPANY & another vs. TOWN OF BEDFORD.

Supreme Judicial Court of Massachusetts, Suffolk.

July 28, 2005.

Attorney(s) appearing for the Case

Michael F.X. Dolan, Jr., for the defendant.

Francis M. Lynch (Barbara Anne Sousa & David S. Rosenzweig with him) for the plaintiffs.

The following submitted briefs for amici curiae:

David C. Lodemore for Massachusetts Electric Company & another.

Thomas R. Teehan & Christopher S. Aronson for KeySpan Energy Delivery New England.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

MARSHALL, C.J.

We consider in this case whether a town may adopt a bylaw that imposes fines on the owner of an existing utility pole for failing to remove the pole within the time provided by G. L. c. 164, § 34B, following installation of a replacement pole. A judge in the Superior Court concluded that the bylaw is preempted by G. L. c. 164, § 34B, and granted summary judgment in favor of the pole owners. He declared...

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